Watts v. Gantt
Nebraska Supreme Court
The opinion contains a statement, of the case. A wife executing a mortgage on her separate property to secure the individual debt of her husband occupies the position of a surety.
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The opinion contains a statement, of the case. A wife executing a mortgage on her separate property to secure the individual debt of her husband occupies the position of a surety. (Hubbard v. Ogden, 22’Kan., 363; Bank of Albion v. Burns, 46 N. Y., 170; Smith v. Townsend, 25 N. Y. 479; Barrett v. Davis, 15 S. W. Rep. [Mo.], 1010; Nelson v. Bevins, 14 Neb., 153.) A valid extension of the time of payment of the note was made without the knowledge and consent of the surety and she is therefore released. (Blazer v. Bundy, 15 O. St., 57; Wood v. Newkirk, 15 O. St., 295; Fawcett v. Freshwater, 31 O.…
1Opinion of the CourtHarrison, J.
On the 7th day of April, 1884, W. E. Gantt executed and delivered to Charles H. Watts a promissory note in the sum of $800, due April 7, 1889, and bearing interest at eight per cent per annum, and a mortgage to secure the payment of the note was executed by W. E. Gantt and his wife, Carrie E. Gantt, covering certain lots in Ponca, Nebraska, the title to which was of record in the name of the wife, Carrie E. Gantt, and which were her separate property. July 8, 1891, this action was instituted in the *872district court of Dixon county to foreclose the mortgage, and a portion of the relief prayed…
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